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Published on
February 2, 2023
February 3, 2023
Edited on
February 2, 2023
In January 2022, members of the fishing community of a coastal village gathered to protest the construction of a road on the beach in Uttara Kannada district, Karnataka. A four lane 4 Kilometre road is being constructed to connect the Honnavar port to National Highway 66. It passes through the beach at Kasarkod Tonka.
The development of the Honnavar port is likely to lead to the loss of local livelihoods and directly affect the health of the community. The construction of the road itself is likely to impact 2000 women of the fisher folk community living in the area. It will also affect the population of Olive Ridley turtles which use the beach as a nesting site.
This road is located in coastal regulation zone III, which is a ‘no development zone’ under India’s coastal regulatory framework. Designated as 'unsurveyed' land is part of the village coastal commons and has been used as a dry fish yard by the local community for generations. The plan for the road construction was not disclosed in the Honnavar port project proposal in its environmental clearance application.
Again, on 24th January 2021, about 60-70 men and women from the community came together to peacefully protest against the construction of the illegal road as part of the port development. During this protest, they were physically assaulted and picked up forcefully by 600 police personnel. They were detained for the whole day and they have no clarity if any FIR was filed.
In February 2021, Honnavar Port (P) limited wrote to the Karnataka State Environment Impact Assessment Authority saying that their road under construction was included in their proposal. Citing references from the environment impact assessment report, the letter says the road construction had been discussed in the public hearing for the project.
Community members continued to contest this claim. They filed a petition at the National Green Tribunal(NGT) Ports Department, the Government of Karnataka, and Honnavar Port (P) limited on 9th July 2022. Filed under Damayanti Subray Mesta's name, the petition challenged the legality of the coastal road, built in an ecologically sensitive area. The site is also a documented Olive Ridley Turtle nesting beach.
In July, 2022, the NGT bench heard the matter and passed an order. The order imposed a stay on all further work on the road's construction. It also directed the concerned authorities to consider cancellation of the environmental clearance granted for the port development. Construction activities continued for a few days even after the stay order was issued. It stopped after the community gave a written complaint to the government.
Demand to cancel the project
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Rural
Common and Private
Forest and Non-Forest
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
27 women
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
Yes
Did the person face any violence while in police custody?
Yes
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled due to protests
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Water bodies, fishing, Residential area
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://greentribunal.gov.in/genpdftest.php?filepath=L25ndF9kb2N1bWVudHMvbmd0L2Nhc2Vkb2Mvb3JkZXJzL0NIRU5OQUkvMjAyMi0wOS0xNC9jb3VydHMvMi9kYWlseS8xNjYzMjQwOTQ3ODY3NzM3MDcwNjMyMzBhZjNjY2M3MC5wZGY=>
Total investment involved (in Crores):
₹
99.76
Type of investment:
Cost of Project
Year of Estimation
2019
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Southern Zone, Chennai
Case Number
Original Application No. 76/2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Blackmail/threats/intimidation
Physical attack
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
Police disrupted peaceful protestors by pushing and jostling them. The protestors were taken to the police station forcibly and detained for 12 hours. During their detention, protestors were intimidated and made to sign a document. Some protestors also reported they suffered injuries.
Date of Violation
January 23, 2022
Location of Violation
Kasarkod Tonka, Honnavar Taluk, Uttara Kannada, Karnataka
Nature of Protest
Protests/marches
Blockades
Advocacy (for inclusion in courts)
Involvement of national and international NGOs
Government Departments Involved in the Conflict:
Port development authority, Forest Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Honnavar Port Private Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Members of the Kasarkod Tonka fishing community
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
27 women
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
Yes
Did the person face any violence while in police custody?
Yes
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Community protest against port development activity
Image Credit:
Nayantara Lakshman
Port being constructed on coastal commons and olive ridley nesting site
Image Credit:
Nayantara Lakshman
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